Drug Crime Defense Lawyer in Cheyenne, Wyoming
Illegal drug use is still a problem in Cheyenne, Wyoming, just as much as it is a problem for the entire country. Drug laws in Wyoming are among the most rigid in the nation. There are severe penalties for those convicted of possession of illegal drugs, whether they involve marijuana, methamphetamine, heroin, or prescription drugs for recreational use. The punishments imposed on drug offenders when arrested and convicted in Cheyenne include the seizure of assets, criminal fines, jail time, and the collateral consequences of having a conviction on your criminal history.
Drug crime cases open you up to state and potentially even federal charges, especially if the case involves large quantities of drugs. When facing drug crime charges, it is essential to hire an experienced drug defense lawyer from The Criminal Defense Firm as quickly as possible. Our skilled and experienced attorneys can help to protect your rights, interests, and future. We defend clients in all types of drug cases in Cheyenne, including drug possession, drug manufacturing, and drug distribution.
Types of drug crimes in Cheyenne, Wyoming
The drug offenses that you can get charged with in Cheyenne are most commonly for:
- Drug possession
- Drug manufacturing
- Drug trafficking
- Drug distribution
The penalties for these drug charges depend on several factors, like:
- The circumstances of the arrest,
- Whether you have a prior criminal record,
- The amount of drugs in your possession, and
- The nature of the drugs in your possession.
Some of these factors can actually alter the criminal charge that you face.
Drug possession is the crime of having controlled substances in your car, on your person, in your house, or in your apartment. If you possess more than an amount of drugs that is reasonable or expected for personal use, possession charges can escalate into possession with the intent to sell. Possessing illegal drugs without a prescription is illegal, and penalties vary depending on the classification of the drugs.
A conviction for drug possession may be either amisdemeanorora felony offense depending on the type of drugs, how much you had, and your criminal background.
Drug trafficking is the offense of distributing, transporting, or possessing large quantities of controlled substances. If drugs were moved across state borders, you may face federal charges of drug trafficking.
Drug trafficking is a felony offense, but the penalties of a conviction vary based on the amount of drugs and your prior criminal history. You may face fines of well into the tens-of-thousands of dollars and multiple decades in prison per count.
Drug distribution is the criminal offense of possessing drugs with the intent of selling them. Law enforcement frequently proves this intent through circumstantial evidence, rather than by conducting a sting operation that actually purchases the drugs. That circumstantial evidence generally includes:
- More drugs than you could use on your own
- Lots of cash
- Sales equipment, like a set of scales
- Drugs packaged in amounts generally used for sale
The Five Types of Controlled Substances
The severity of a drug offense also largely depends on the substance at issue.
Classifications of controlled substances in Wyoming are based on whether the drugs have accepted medical use and the likelihood of abusing the drug. There are five categories of controlled substances, known as Schedules. In Wyoming, they are based off the federal Controlled Substances Act:
- Schedule I has unsafe substances that are highly likely to be abused and have no accepted medical use. These include ecstasy, marijuana, heroin, peyote, and LSD.
- Schedule II has stimulants and narcotics that have a high potential for abuse. These drugs cause severe physical or psychological dependence and include methamphetamine, morphine, amphetamine (Adderall, Dexedrine), Demerol, codeine, Percocet, opium, Dilaudid, OxyContin, and methadone.
- Schedule III is a classification of drugs with less potential for abuse; however, they can still lead to high psychological dependence and low or moderate physical dependence. They include anabolic steroids, hydrocodone, Vicodin, Ketamine, Tylenol or Codeine, barbiturates, and suboxone. These drugs can routinely be possessed legally with a prescription.
- Schedule IV includes benzodiazepines like Valium, Xanax, Halcion, Versed, Klonopin, Restoril, and Soma. These drugs have a lower potential for abuse than Schedule III drugs. Like many Schedule III drugs, they can be possessed legally with a prescription.
- Schedule V has drugs with limited quantities of narcotics, like over-the-counter cough syrups and medication containing codeine.
Drug offenses that involve substances on lower-numbered Schedules tend to come with higher penalties than those involving substances on higher-numbered Schedules, though penalties for drug offenses involving marijuana have declined substantially in recent years.
Legal Defense Strategies for Drug Crime Cases
Every drug allegation has its own specific set of facts, so there is no one-size-fits-all defense approach. The drug defense lawyers at The Criminal Defense Firm have relied on numerous legal arguments in the past to help their clients, including:
- Illegal search or seizure in violation of the Fourth Amendment
- Other types of police misconduct
- Unreliable testimony from the arresting officers
- Laboratory errors falsely identified the substance as an illegal drug
- You had a prescription
- There are gaps in the chain of custody of incriminating evidence
These defenses can make it more difficult for law enforcement to secure a conviction. Factual defenses that undermine the prosecutor’s case or that raise reasonable doubts about your guilt are also common.
Some FAQs About The Criminal Defense Firm and Drug Law in Cheyenne, Wyoming
Why Should I Hire The Criminal Defense Firm?
The Criminal Defense Firm only hires skilled senior-level lawyers who have decades of experience in drug crime defense, including in federal court. Many of our attorneys and investigators also have years of experience working within federal law enforcement agencies, including the Department of Justice (DOJ) and the U.S. Drug Enforcement Agency (DEA). This gives us an intimate understanding of how the investigation in your case will likely move forward.
Additionally, because we only employ senior attorneys, you can rest assured that all of the legal work is done by exceptionally experienced legal professionals, rather than by paralegals or junior associates. This ensures that your concerns are heard by a legal team that works around the clock to ensure our strategies and representation have the best possible outcome.
Is Drug Diversion an Option?
If you are a first-time offender and are arrested in possession of a small amount of a controlled substance, you may be eligible for a diversion program. This pulls your case out of the criminal justice system well before trial and enrolls you in a drug diversion program. Our skilled legal counsel can help you negotiate deferred prosecution, which allows for this form of probation instead of a trial and potential criminal conviction.
The diversion program entails a rehabilitation program that you must complete. Upon completion, your charges will be dropped and will not appear on your criminal record – one of the most sought-after ways of resolving a drug charge. However, if you do not successfully complete the program, your charges will be reinstated. You will also have to pay court costs and fines.
How Will The Criminal Defense Firm Help Me?
We help you determine your options and rights and then position you for the most ideal outcome in your case. We employ different strategies depending on the case. In cases where you have a strong line of defense we are more than willing to take your case to trial and present your defense to the jury. We can also handle your case on appeal if that is necessary. In some other cases when the evidence against you is strong, we may advise a plea bargain where we negotiate with the prosecution for a lesser sentence or charge.
In many cases, our vigorous defense leads to a reduction in charges or even in their dismissal after we point out weaknesses in law enforcement’s case against you. Additionally, if any of your constitutional rights were violated during your arrest – like if the arresting officer did not have probable cause to initiate the traffic stop that led to the discovery of a controlled substance – then the resulting evidence might be deemed inadmissible at trial.
Even in the worst case scenarios, our legal defense team can mitigate the costs of a conviction by advocating on your behalf during the sentencing stage and securing a reduced set of penalties that you can live with.
Why Don't You Call Your Firm the Best at Drug Defense in Cheyenne?
Drug Defense Lawyers at The Criminal Defense Firm in Cheyenne, Wyoming
If you have been accused of committing a drug offense in Cheyenne, Wyoming, you need strong legal defense. These charges are notorious for spiraling into deeper legal jeopardy. Contact us online or call our law office at (866) 603-4540.